Doubts as to whether the President can lawfully assert executive privilege on any matter to avoid releasing information to Congress shall be resolved against the President.

Doubts as to whether the President can lawfully assert executive privilege on any matter to avoid releasing information to Congress shall be resolved against the President.

Clashes between the President and Congress are expected and have occurred frequently over the years when the President chooses not to release information that Congress would like released either to manage the country better or to embarrass the President. Any President with knowledge of this Amendment would likely think twice about doing things that he would not want to be disclosed.

The availability of information is critical to the proper operation of a democracy. This Amendment generally provides the courts with guidance in dealing with any issues that might be litigated to provide that, if there is a doubt as to whether the President has an executive privilege, the doubt shall be resolved against the President. In other words, in doubtful situations involving executive privilege, the President must disclose information.